A BILL TO BE ENTITLED AN ACT. relating to provision of notice regarding and limitation of BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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1 By:AAAnchia A BILL TO BE ENTITLED 0 AN ACT relating to provision of notice regarding and limitation of attorney s fees for services provided in connection with the making of a wrongful imprisonment claim. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTIONA.AAThe heading to Subchapter A, Chapter 0, Civil Practice and Remedies Code, is amended to read as follows: SUBCHAPTER A. ELIGIBILITY; NOTICE OF ELIGIBILITY [AND CHOICE OF COMPENSATION METHOD] SECTIONA.AASubchapter A, Chapter 0, Civil Practice and Remedies Code, is amended by adding Section 0.00 to read as follows: Sec.A0.00.AANOTICE TO WRONGFULLY IMPRISONED PERSON. In this section: (a) 0 ()AA"Department" means the Texas Department of Criminal Justice. ()AA"Penal institution" has the meaning assigned by Article.00, Code of Criminal Procedure. ()AA"Wrongfully imprisoned person" has the meaning assigned by Section 0.0, Government Code, as added by Chapter 0 (H.B. ), Acts of the st Legislature, Regular Session, 00. (b)aathe department shall provide to each wrongfully imprisoned person information, both orally and in writing, that R VOO-D

2 includes: 0 0 ()AAguidance on how to obtain compensation under this chapter; and ()AAa list of and contact information for nonprofit advocacy groups, identified by the department, that assist wrongfully imprisoned persons in filing claims for compensation under this chapter. (c)aathe department must provide the information required under Subsection (b): ()AAat the time of the release of the wrongfully imprisoned person from a penal institution; or ()AAif the wrongfully imprisoned person is not confined in a penal institution, as soon as is practicable after the date of the full pardon or granting of relief on the basis of innocence or actual innocence, respectively. SECTIONA.AASection 0.0, Government Code, as added by Chapter 0 (H.B. ), Acts of the st Legislature, Regular Session, 00, is amended by adding Subsection (d-) to read as follows: (d-)aathe department shall provide information to wrongfully imprisoned persons as required by Section 0.00, Civil Practice and Remedies Code. SECTIONA.AAChapter 0, Civil Practice and Remedies Code, is amended by adding Subchapter C to read as follows: SUBCHAPTER C. ATTORNEY S FEES Sec.A0.0.AAATTORNEY S FEES LIMITED; PREREQUISITES TO FEE AGREEMENT. (a) An attorney may not charge or collect a fee at a rate

3 0 0 that exceeds the maximum rate established under Section 0.0 for preparing, filing, or bringing a claimant s application or mandamus action under this chapter. (b)aaan attorney may enter into a fee agreement with a claimant for services related to an application or mandamus action under this chapter only after the attorney has disclosed in writing to the claimant the maximum rates for fees established under Section 0.0. (c)aaan attorney may not charge or collect a fee for preparing, filing, or bringing a claimant s application or mandamus action under this chapter before a final determination is made by the comptroller or the court, as applicable, that the claimant is eligible or ineligible for compensation under this chapter. Sec.A0.0.AAMAXIMUM HOURLY RATES. (a) The comptroller by rule shall establish a maximum hourly rate for an attorney s services related to: ()AApreparing or filing an application under this chapter; and ()AAbringing a mandamus action under this chapter. (b)aain setting the rates under Subsection (a), the comptroller shall consider: ()AArates charged for similar attorney s services; and ()AAcompensation incentives necessary because of the delayed nature of payment of attorney s fees as required by Section 0.0(c). Sec.A0.0.AASUBMISSION OF FEE REPORT. (a) Together with an application for compensation under this chapter or not later

4 0 0 than the th day after the date the application is filed, an attorney seeking payment for preparing or filing the application must file a fee report with the comptroller s judiciary section. (b)aaan attorney seeking payment for bringing a mandamus action under this chapter must file a fee report with the comptroller s judiciary section not later than the th day after the date a final court order is issued. (c)aaa fee report under this section must include: ()AAa sworn copy of the attorney s fee agreement, signed by the attorney and claimant; ()AAthe total dollar amount sought for attorney s fees; ()AAthe number of hours the attorney worked preparing, filing, or arguing the application or mandamus action; and ()AAa brief description of work done during those hours. Sec.A0.0.AAVIOLATION. An attorney who charges or collects a fee for services described by Section 0.0 in an amount that exceeds a fee computed in accordance with the maximum rate established under that section violates Rule.0(a), Texas Disciplinary Rules of Professional Conduct. SECTIONA.AABefore January, 0, the comptroller shall establish the maximum hourly rates as provided by Section 0.0, Civil Practice and Remedies Code, as added by this Act. SECTIONA.AASubchapter C, Chapter 0, Civil Practice and Remedies Code, as added by this Act, applies only to an attorney s fee agreement entered into on or after January, 0. An

5 attorney s fee agreement entered into before January, 0, is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose. SECTIONA.AAThis Act takes effect September, 0.